TOURIST BOARD 1

THE TOURIST BOARD ACT

ARRANGEMENT OF SECTIONS

Preliminiuy

1. Short title. 2. Interpretation.

Establishrnent arm Constitution of Board

3. Establishment and composition of Board. 4. Actiq appointments. 5. Tenure of oliice of membcr. 6. Resignation. 7. Revocation of appointment. 8. Publication of membership of Board. 9. Incorporation.

10. procedure and meetings.

Functions, Duties und Powers of Board

11. Duty and functions of Board. 12. General powers of Board. 1 2 ~ Borrowing powers. 1 2 ~ Guarantee by Minister of borrowings by Board and repayment

13. Remuneration of members. 14. OfEcers. agents and servants. 15. Emblems. 16. Regulations. 17. Protection of members. 18. Powers of Minister.

of sums issued to meet guarantee.

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2 TOURIST BOARD

Financial Provisions

19. Funds and resources of Board. 20. Accop~ts and audit. 21. Annual report and estimates.

Miscellaneous 22. Tourist accommodation to be licensed. 23. Licences for tourist accommodation. 2 3 ~ . Power to require licensing of tourism enterprises. 2 3 ~ . Grant of licences for tourism enterprises. 23c. Refusal to grant or renew licence under section 238. 2 3 ~ . Revocation of suspension d licence. 2 3 ~ . Appeal. 2 3 ~ . Enforcement of orders. 24 mences.

SCHBDULB

indueion at thb p g a is outbonzed ' by LN. 87/1986]

TOURIST BOARD 3

L8m 61 of 1954, 68 of 1960.

A& 18 of 1963, 43 of 1965, 12 of 1968, 42 of 1%9

[Is? April, 1955.1 2ndzL3rd 13 of 1970, 33 of 1971, 19 of 1972, 31 of 1975,

7 of 1985, 12 of 1985

Sch 34 of 1999.

THE TOURIST BOARD ACT

Preliminary 47 of 1975,

1. This Act may be cited as the Tourist Board Act. Short title.

2. In this Act, unless the context otherwise requires- Interpreta- tion.

S. 2 (a> “the appointed day” means such day, not being earlier 43/1965

than six months after the 11th December, 1965, as the Minister shall specify in a notice published in the Gazette and in at least one issue of a daily newspaper printed and circulating in Jamaica;

“the Board” means the Tourist Board established in accordance with this Act;

“chairman” means the chairman of the Board; 681 1960 s. 2 (I). “hotel” means an establishment falling within any of 431 196s

S. 2 (b). the categories of buildings prescribed by regula- tions made undex this Act as constituting hotels for the purpose of this Act;

“resort cottage” means subject to section 16 (1) (b) any i312971 building containing not less than two furnished 7/1985

bedrooms, a furnished living room, bathroom faci- ’- * (a).

lities and facililties for the preparation and con- sumption of meals, and used for the accommoda- tion of transient guests, including tourists, for reward; [The inclusion of this page is authorized by L.N. 3/2001]

TOURIST BOARD 4

7/ 1985 s. 2 (b).

“tourism enterprise” means, subject to section 2 3 ~ , the

(a) any car rental or U-drive services or any service of rental of motor vehicles as de- fined in section l l of the Road Traffic Act;

(b) sites and other facilities for camping; (c) water sports services; (d) any other service,

provision in Jamaica of-

utilized by or offered to tourists and declared by the Minister, by order, to be a tourism enterprise;

“tourist” means a person, not being the holder of a Jamaican passport, who is in Jamaica-

(a) on a visit; or (b) intransit, from a place outside Jamaica to

some other place outside Jamaica; “tourist accommodation” means, subject to section 16

(1) (b), a hotel, resort cottage or any uther premises or any vehicles, boats, ships or places where accom- modation is ouered to tourists for reward;

“water sports” includes scuba diving, water skiing, jet skiing, parasailing, sunfish sailing, boat excursions, snorkelling and such other sports activities as the Minister may by order declare to be water sports for the purposes af this Act.

Establishment and Constitution of Board Establish- 3.-(1) There shall be established for the purposes Of composition this Act a body to be called the Tourist Board: 18/1963 Provided that it shall be lawful for the word “Jamaica”

to be used in such manner as the Board may approve, as part of their name, in any communication or document or in any proceedings.

men t and

of Board.

S. 3 (a).

13/1970 (2) The Board shall consist of- (a) a Director of Tourism; and s. 2.

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TOURIST BOARD

(b) not less than five nor more than eleven other 71198s s. 3. members, appointed by the Minister by instrument in writing.

the Board to be chairman thereof. (3) The Minister shall appoint one of the members of

4.-(1) If the chairman is absent or unable to act, the Acting Minister may appoint any person, whether a member of appoint- menb.

18/1963 s. 4. the Board or not, to act temporarily as chairman.

(2) If any member of the Board other than the chair- man is absent or unable to act, or has been appointed under subsection (1) to act temporarily as chairman, the Minister may appoint any person to act temporarily in the place of that member.

5. A member of the Board shall, subject tc the pro- Tenureof visions of this Act, hold office for a period not exceeding member, office of

three years, but such member shall be eligible for re- appointment.

6.-(1) Any member of the Board, other than the chair- Rdgnafion man, may at any time resign his offie by instrument in writing addressed to the Minister and transmitted through the chairman, and from the date of the receipt by the Minister of such instrument, such member shall cease to be a member of the Board.

(2) The chairman may at any time resign his office by instrument in writing addressed to the Minister and such resignation shall take effect as from the date of the receipt of such instrument by the Minister.

7. The Minister may at any time revoke the appointment of appoint- ment of any member of the Board. 181 1963 s.6. indujon of this page is aucborized by LN. 87L198q

6 TOURIST BOARD

Publication of member- ship of Board.

Incorpora- tion.

18/ 1963 s. 7.

Procedure and mtatings.

1811963 s. 8.

8. The names of all members of the Board as first con- stituted and every change in the membership thereof shall be published in the Gazette.

9.-(1) The Board shall be a body corporate having perpetual succession and a common seal with power to purchase, lease or otherwise acquire and hold and dispose of land and other property of whatever kind.

(2) The seal of the Board shall be authenticated by the signatures of the chairman or one ineinber of the Board authorized to act in that behalf and the secretary of the Board and such seal shall be officially and judicially noticed.

(3) All documents, other than those required by law to be under seal, made by, and all decisions of, the Board may be signified under the hand of the chairman, any member authorized to act in that behalf, or the secretary of the Board.

(4) The Board may sue or be sued in their corporate name and may for all purposes be described by such name.

10.-(1) The Board shall meet at such times as may be necessary or expedient for the transaction of business, and such meetings shall be held at such places and times and on such days as the Board may determine.

(2) The chairman may at any time call a special meeting of the Board and shall call a special meeting to be held within seven days of a written requisition for that purpose addressed to him by any three members of the Board.

(3) The chairman shall preside at all meetings of the Board at which he is present, and in the case of his absence from any meeting the members present shall elect one of their number to act as chairman at that meeting.

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12. Subject to the provisions of this Act, the Board General shall have power, for the purpose of the execution of their Bowd. duty and the discharge of their functions under section 11-

(a) to carry on all activities the carrying on whereof appear to them to be requisite, advantageous or convenient for or in connection with the discharge of their said duty;

(6) to do anything and to enter into any transaction 1 8 1 1 ~ 3

(whether or not involving expenditure, borrowing, 4,/ 1975 granting of loans or investment of money, the ac- S. 2. quisition of any property or rights or the disposal of any property or rights) which in their opinion is calculated to facilitate the proper discharge of their functions or is incidental or conducive thereto.

powers of

s. 10.

12~.-(1) Subject to the provisions of this section, the Borrowing powers.

5. 3. Board may borrow sums required by them for the purpose 47/1975 of financing approved projects :

Provided that the aggregate amount outstanding on loan to the Board, at any one time shall not exceed $500,000 or such higher amount as the Minister may from time to time approve.

(2) The power of the Board to borrow shall be exer- cisable only with the approval of the Minister responsible for finance, as to the amount, as to the source of the borrowing and as to the terms on which the borrowing may be effected. An approval given for the purposes of this subsection may be either general or limited to a particular borrowing or otherwise, and may be either unconditional or subject to conditions.

(3) In this section “approved project” means a pro- ject approved by the Minister as being likely to be finan- cially viable without subvention from the Board or from Government.

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10 TOURIST BOARD

Guarantee by Minister of borrow- ings by Board and repayment of sums issued to meet guarantee. 4711975 s. 3.

Remunem- tion of members. 1811963 s. 12.

05ccrs. agents and servants. 181 1963 s. 12.

M/1999 S. ZaXi).

12B.-( 1) With the approval of the House of Representa- tives, the Minister responsible for finance may guarantee, in such manner and on such conditions as he may think fit, the payment of the principal and of interest on any authorized borrowings of the Board.

(2) Where the Minister responsible for finance is satisfied that there has been default in the repayment of any principal monies or interest guaranteed under the pro- visions of this section, he shall direct the repayment out of the general assets and revenue of this Island of the amount of which there has been default.

(3) The Board shall make to the Accountant- General, at such times and in such manner as the Minister responsible for finance may direct, payments of such amounts as may be so directed in or towards payment of any sums issued in fulfilment of any guarantee given under this section, and payments of interest on what is outstanding for the time being in respect of any sums so issued at such rate as the Minister responsible for finance may direct, and different rates of interest may be directed as respects different sums and as respects interest for different periods.

13. There shall be paid from the funds of the Board to the members of the Board such remuneration, if any, whether by way of honorarium, salary or fees, and such allowances as the Minister may determine.

14.-(1) The Board may appoint and employ at such remuneration and on such terms and conditions as they think fit a secretary and such officers, agents and servants as they think necessary for the proper carrying out of the provisions of this Act :

Provided that- ,(a) no salary in excess of the prescribed rate shall be

assigned to any p a t without the prior approval of the Minister; and [The inclusion of this page is authorized by L.N. 3/2001]

TOURIST BOARD I1

(h) no appointment shall be made to any post to which a salary in excess of the prescribed rate 3411999

is assigned, without the prior approval of the Minister.

S. 2(a)(ii).

( 1 ~ ) In subsection (1) prescribed rate means a rate 34/1999 s. 2 0). of seven hundred and fifty thousand dollars per annum or

such higher rate as the Minister may, by order, prescribe.

(2) The Director of Tourism shall be responsible to the Board for the day to day administration of the business of the Board.

(3) Where the Director of Tourism is absent or un- able to act and no acting appointment has been made by the Minister under section 4, the Board may authorize an officer in their service to perform temporarily the functions specified in subsection (2).

15-41) The Board may provide, for the purposes of Emblems. 4311965 this section, supplies of such emblems as the Board may Sa4.

think fit. (2) Where the Board are of opinion that any person

offering or providing by way of trade or business any goods, entertainment, transportation, accommodation, food or drink to or for tourists maintains integrity and a high standard of service in the conduct of such trade or business, the Board may-

(a) supply to that person any of the emblems of the Board; and

(b) permit him to display such emblem, subject to such restrictions and on such conditions as the Board may impose.

16.-( 1) The Minister may make regulations generally for Regulations. 711985 the better carrying out of the purposes of this Act and in ss 6 (a)(i).

particular but without prejudice to the generality of the fore- going may make regulations providing for-

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RL-79

12 TOURIST BOARD

(a) the measures and methods to be adopted in improving the basis of the tourist industry in Jamaica and in controlling and eliminating un- desirable factors that may affect it;

7/1W (b) the categories- S. 6 (a) (is

(i) of lands and buildings which constitute hotels and resort cottages;

(ii) & premises, vehicles, boats, ships or places which constitute or may be treated as other tourist accommodation,

and the circumstances in which and the terms on which any such lands, buildings, premises, vehicles, boats, ships or places may be exempted from any requirement of this Act;

(c) the keeping of records of the number of tourists in Jamaica during any period and of the countries to which they belong;

(d) the imposition of fees or charges in such cases as may be determined by the Board for services rendered by the Board, their servants or agents, in carrying out the provisions of this Act;

7/1985 (e) the licensing of such categories of persons employed in tourist accommodation or tourism enterprises as may be prescribed;

(f) the designation of prescribed areas and for regu- lating the activities and conduct of persons-

(i) soliciting for any prescribed purpose in those areas; cm

(ii) who, having no fixed place of business in those areas or whose business activities are not carried out pursuant to any licence granted for that purpose under the provisions of any other enactment, offer goods or services to members of the public in those areas;

S. 6 (a) (ivk

71 1B5 S. 6 (a) (W

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TOURIST BOARD 13

(g) the licensing of persons referred to in paragraph (f); 7/1985 S. 6 (a)(iv).

(h) the fees to be paid in respect of any licence OT 7/1985 S. 6 (a) (iv). other approval granted under this Act;

(i) the form and manner in which applications for 711985 S. 6 (a) (iv). licences under this Act shall be made. (2) Regulations made under this section may em-

power any person, whether such person be a member or officer or servant of the Board or not, to issue such direc- tions to owners OF managers of tourist accommodation and :./\97:,. other persons engaged in the tourist industry as may be necessary for securing compliance with or carrying out the purposes of this Act or of any regulations made thereunder.

subject to negative resolution.

vide for the imposition, on conviction in a Resident Magistrate's Court, of the following penalties for offences under those regulations-

(a) a fine not exceeding one hundred thousand dollars or imprisonment for a term not exceeding twelve months, or both; and

(b) a fine not exceeding fifty thousand dollars for every day on which an offence is continued after conviction; and

(c) a fine not exceeding one hundred and fifty thou- sand dollars, or imprisonment for a term not exceeding twelve months, or both, in the case of a second or subsequent conviction.

(3) All regulations made under this section shall be ;~Jz;. (4) Regulations made under this section may pro- ~ 1 9 9 9 s. 3.

17.-(1) No member of the Board shall be personally Protection of memben liable for any act or default of the Board done or omitted 18/1963

to be done in good faith in the course of the operations of S. *'. the Board.

(2) Where any member of the Board is exempted from liability by reason only of the provisions of this

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14 TOURIST BOARD

Powers of hlinisier.

Funds and resources of Board.

Accounts and audit. I X I I963 S. IS.

section, the Board shall be liable to the extent that they would be if the member was a servant or agent of the Board.

18. The Minister may give to the Board directions of a general character as to the policy to be followed in the exercise and performance of their functions under this Act in relation to matters appearing to him to concern the public interest and the Board shall give effect to any such directions.

Financial Provisions 19. The funds and resources of the Board shall consist

(a) such sums as may be provided annually for the purpose in the Estimates of Revenue and Expen- diture of the Island;

(6) all sums received by the Board as payment for adver tisements;

(c) all sums collected under the authority of regula- tions made under this Act;

(d) all other sums or property which may in any man- ner become payable to or vested in the Board in respect of any matter incidental to their powers and duties.

Of-

20.-(1) The Board shall keep accounts of their trans- actions to the satisfaction of the Minister and such accounts shall be audited annually by an auditor appointed by the Board with the approval of the Minister.

(2) The members, officers, agents and servants of the Board shall grant to the auditor appointed to audit the accounts of the Board under the provisions of subsection (1) access to all books, documents, cash and securities of the Board and shall give to him on request all such information as may be within their knowledge in relation to the opera- tion of the Board.

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TOURIST BOARD 15

(3) So soon as the accounts of the Board have been audited, the Board shall furnish to the Minister a copy of the audited financial statement together with a copy of any report made by the auditor thereon or on the accounts of the Board.

21.-(1) The Board shall in each year prepare and pre- Annual sent on or before the 1st day of October to the Minister estimates. a report of their proceedings during the twelve months ending on the 31st day of March in such year.

audited financial statement and any report made by the auditor thereon or on the accounts of the Board shall be laid on the Table of the House of Representatives and of the Senate and shall be published in the Gazette.

the Minister may from time to time direct, submit to him for approval their estimates of revenue and expenditure in respect of the period of twelve months commencing on the 1st day of April next following, and a copy of such estimates, as approved, shall be published in the Gazette and in a daily newspaper circulating in the Island.

Miscellaneous

report and

(2) A copy of such report together with a copy of the ~ * { ~ ~ ~ ~ .

(3) The Board shall in each year, within such time as W1963 S. 16 (b).

22.-(1) From and after the appointed day no person T s m o - shall operate a hotel unless there is in force in respect of datim

(2) From and after such day, not being earlier than six months after the 4th November, 1971, as the Minister s. 7 (a).

shall specify in a notice published in the Gazette and in at least one issue of a daily newspaper printed and circula- ting in Jamaica, no person shall operate a resort cottage unless there is in force in respect of such resort cottage a licence granted under this Act.

by the Minister by notice published in the Gazette, no per-

tobe licensed. 33/1971

such hotel a licence granted under this Act.

(3) From and after such date as may be prescribed :!\9%,.

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16 TOURIST BOARD

711985 S. 7(b).

Licences €m tourist a w m m o - dation. 7/ 1985 S. 8.

son shall operate any tourist accommodation (not being a hotel or resort cottage) unless there is in force in respect of such accommodation a licence granted under this Act-

(4) Where- (a) any tourist accommodation referred to in subsec-

tion (3) is in operation on the date prescribed by the Minister pursuant to that subsection; and

(6) the person who operates that tourist accommoda- tion has applied for a licence in accordance with section 23,

the operation of that tourist accommodation may, subject to such terms and conditions (if any) as the Board may stipulate, be continued pending the grant of a licence or, as the case may be, the determination of an appeal under section 2 3 ~ . 23.41) Every application for a licence under this Act

in respect of tourist accommodation, shall be made to the Board in such form and manner as may be prescribed or approved by the Board.

(2) A licence granted in respect of any tourist accommodation-

(a) shall, subject to any power of the Board to revoke or suspend such licence, be granted for an indefinite period; and

(b) may be granted either unconditionally or subject to such restrictions and on such conditions as may be specified in the licence.

(3) Where the Board decides not to grant a licence in respect of any tourist accommodation, the Board shall, in writing, notify the person who made the application of its decision and of the right of appeal conferred by section 2 3 ~ .

(4) The Board shall cause to be kept a list of all tourist accommodation in respect of which licences granted under this Act are in force.

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TOURIST BOARD 17

BA.-( 1) From and after such date as may be prescribed power to

by the Minister by notice published in the Gazette (herein- after referred to as “the specified date”) no person shall $?* operate or maintain any tourism enterprise unless such fp& person is the holder of a licence granted under section 2 3 ~ . S. 9.

(2) Where- (a) any tourism enterprise is in operation on the

specified date; and

(6) the person who operates or maintains that tourism enterprise has applied for a licence in accordance with section 2 3 ~ ,

the operatian of that tourism enterprise may, subject to such terms and conditions (if any) as the Board may stipulate, be continued pending the grant of a licence or, as the case may be, the determination of an appeal under section 2 3 ~ .

(3) The Minister may, by order, exempt any category of tourism enterprise from the provisions of this Act if he is satisfied that the service provided by that category of enterprise is not provided primarily for tourists.

23~.-(1) Every application for a licence under section GmnCof

manner as may be prescribed in re@ations or approved t”c by the Board.

(2) Any licence granted under this section may be granted on such terms and subject to such mditions as the Board may specify in the licence and shall be for such period as may be specified in the licence.

2 3 ~ shall be made to the Board in such form and in such licences for

711985 s. 9.

(3) The Board shall cause to be kept a list of a l l persons to whom a licence is issued under this section.

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18 TOURIST BOARD

Refusal to grant or renew licence under section 23B. 711985 s. 9.

RCVOW- tion or suspen- sioo of licence. 7/ 1985 s. 9.

23c.41) Subject to the right of appeal conferred by sec- tion 2 3 ~ , the Board may, in its discretion, refuse to grant or renew a licence under section 2 3 ~ .

(2) Where the Board decides not to grant or renew a licence in respect of a tourism enterprise, the Board shall, in writing, notify the person who made the application or his agent of its decision and of the right of appeal con- ferred by section 2 3 ~ .

230.41) Where- (a) it appears to the Board that the holder of a licence

under this Act (hereinafter referred to as the li- censee) has contravened any provisions OP this Act or of any licence granted thereunder; or

(b) a licensee has been convicted of an offence under the Exchange Control Act,

the Board may, by notice in accordance with this section, require the licensee to show cause within such time as may be specified in the notice, why the licence should not be revoked or suspended.

(2) Where- (a) the licensee fails to comply with a requirement

pursuant to subsection (1) to show cause within the time specified in the notice or if the cause shown is inadequate in the opinion of the Board; or

(b) after due enquiry by the Board in respect of any allegation made against the licensee and after giving the licensee an opportunity to be heard, the Board is satisfied that the nature of the facts established consequent on the enquiry is seriously detrimental to the tourist industry,

the Board may, by order published in the Gazette (a copy of which shall be served on the licensee), suspend the

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TOURlST BOARD 19

/

licence for such period as the Board may consider necessary OT desirable, or, as the case may be, revoke the licence from such date as may be specified is the order.

(3) Where an order under subsection (2) is in res- pect of tourist accommodation, then unless the order relates to-

(a) action taken under the Public Health Act; or (6) the safety of occupants of the accommodation,

the date specified pursuant to subsection (2) shall be not earlier than ninety days after the date of the order.

(4) All rights and privileges enjoyed under any licence that is revoked or suspended pursuant to subsection (2) shall cease to have effect upcm such revocation or for the period of suspension, as the case may be, but such revo- cation or suspension shall not, in any way affect the liability of any person in respect of any contravention of this Act or of the licence that may have occurred prior to the revocation or suspension.

(5) The Minister may if he thinks fit, upcm applica- cation by a person aggrieved by an order of the Board under this section and for the purpose of facilitating any appeal therefrom, stay execution of that order by amending the date stated in the order as the date from which the revocation or suspension has effect.

Apvcal. =a--( 1) Any person aggrieved- (a) by a decision of the Board granting, refusing to S. 71 1985 9.

grant, renewing or refusing to renew a licence; or (b) by an order of the Board revoking or suspending

may, within fifteen days of the date of service of the notifi- cation required under section 23 43) or 23c (2) or within fifteen days of the date of the order under section 2 3 ~ as the case may be, appeal in writing against such decision or

a licence,

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20 TOURIST BOARD

order to the Tribunal appointed by the Minister under subsection (3) :

Provided that the Tribunal, upon being satisfied that owing to absence from the Island, sickness or other reasonable cause, the person aggrieved was prevented from appealing within such period, may extend the period as may be reasonable in the circumstances.

(2) On the determination of an appeal under this section the Tribunal may make such order as it thinks fit and if any such order relates to an order of the Board under section 2 3 ~ it shall be published in the Gazette.

(3) The provisions of the Schedule shall have effect as to the constitution of the Tribunal and otherwise in relation thereto.

(4) Any person aggrieved by the Tribunal's decision on any matter may appeal to a Judge in Chambers in such form and manner as may be provided by rules of court and the Judge in Chambers may make such order in rela- tion to the appeal as he thinks fit.

(5) The decision of a Judge in Chambers on an appeal pursuant to subsection (4) shall be final.

Schedule.

Enforc~ ment of OrderS. 71 1985 s. 9.

23~.-(1) Without prejudice to the provisions of subsec- tions (2) (a), (3) and (4) of section 24, if the licensee fails to comply with an order of the Board under section 2 3 ~ or any order made by the Tribunal under section 2 3 ~ con- firming or modifying the order of the Board the Minister may take such steps as he considers appropriate to ensure-

(a) where the order revokes the licence, that the licensee ceases the operation of the tourist accommodation or tourism enterprise to which the licence relates; or

(b) where the order suspends the licence, that the licensee suspends the operation of the tourist

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TOURIST BOARD 21

accommodation or tourism enterprise to which the licence relates for the period specified in the order.

(2 ) Where authorized thereto by the Minister acting pursuant to subsection U), a member of the Jamaica Constabulary Force may use such force as may be necessary for the purpose of ensuring compliance with an order referred to in that subsection; and any person who hinders or obstructs any such member acting as aforesaid shall be guilty of an offence and shall be liable on summary convic- tion before a Resident Magistrate to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding two years.

2 4 4 1 ) Every person who, with intent to deceive, makes ollrnces 13 / I965 '3. G.

(a) any emblem or other device so closely resembling an emblem of the Board as to be calculated to deceive; or

(b) any document so closely resembling a licence under this Act as to be calculated to deceive,

shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding ten thousand dollars m to imprisonment with 7/1w;

or to both such fine and such imprisonment.

or has in his possession-

or without hard labour for a term not exceeding two years, S . 10 (a).

(2) Every person who- (a) operates any tourist accommodation in contraven- 3 3 1 1971

tion of section 22; or (6) displays an emblem of the Board without the :;f;k;'.

(c) in displaying or keeping in his possession any emblem of the Board fails to comply Mvith any restriction subject to which, or to satisfy any con-

s. 4 (a) I0 I 1972

permission of the Board; or S. 10 (b) (i \ .

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22 I'OURIST BOARD

dition on which, he was supplied with or permitted to display such emblem; or

(4 fails to comply with any restriction subject to which, or to satisfy any condition on which, any licence was granted to him under this Act,

shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not ex-

S. 1o (b) 'I, ceeding ten thousand dollars and in default of payment thereof to imprisonment with or without hard labour for

7/1985 a term not exceeding two years, and where such offence is continued after conviction such person shall be guilty of a continuing offence and in respect of each day during which such offence continues shall be liable to a fine not exceeding five hundred dollars.

711965 S. 10 ( b ) ( l ,

711'8.C

S. 10 (b) (IV,

1911972 S. 2 (b).

711985 s. 10 (c) m. 111985 S 10 (c) (ii).

711985 S. 10 (c) (i).

(3) Every person who operates a hotel in contraven- tion of section 22 shall be guilty of an offence 2nd shall be liable on summary conviction before a Resident Magis- trate to a fine not exceeding ten thousand dollars and in default of payment thereof to imprisonment for a term not exceeding two years, and where such offence is continued after conviction such person shall be guilty of a continuing offence and in respect of each day during which such offence continues shall be liable to a fine nort exceeding five hun- dred dollars.

7/1985 (4) Every person who operates or maintains a '. l0 (d). tourism enterprise in contravention of section 2 3 ~ shall be

guilty of an offence and shall be liable on summary convic- tion before a Resident Magistrate to a fine not exceeding twenty thousand dollars and in default of payment thereof to imprisonment for a term not exceeding two years, and where such offence is continued after conviction such person shall be guilty of a continuing offence and in respect of each day during which such offence ccntinues shall be liable to a fine not exceeding five hundred dollars.

[?me hclusicm d this page b authorised by L.N. 87/1986]

TOURIST BOARD 23

(5) Every person who fails to comply with an order 7/1985 S. 10 (d). revoking or suspending a licence to operate any tourist

accommodation or a tourism enterprise shall be guilty of an offence and shall be liable on summary conviction be- fore a Resident Magistrate-

(a) where the licence is granted in respect of a hotel, to a fine not exceeding one thousand dollars for each room of that hotel for every day from the date on which the revocation or suspension came into effect and in default of payment thereof to imprisonment for a term not exceeding two years, and where such offence is continued after conviction such per- son shall be guilty of a continuing offence and in respect of each day during which such offence continues shall be liable to a fine not exceeding two thousand dollars for each room of the hotel;

(6) where the licence was granted in respect of a resort cottage, to a fine not exceeding ten thousand dollars and in default of payment thereof to im- prisonment for a term not exceeding two years, and where such offence is continued after convic- tion such person shall be guilty of a continuing offence and in respect of each day during which the offence continues shall be liable to a fine not exceeding two thousand dollars; or

(c) where thelicence was granted in respect of any other tourist accommodation or tourism enterprise, to a fine not exceeding ten thousand dollars and in default of payment thereof to imprisonment for a term not exceeding two years, and where such offence is continued after conviction such person shall be guilty of a continuing offence and in re- spect of any day during which the offence continues shall be liable to a fine not exceeding two thousand dollars. p l m inchdar~ of tbis page b aumsed by L.N. 87/198q

23 TOURIST BOARD

7/1985 s. 11.

SCHEDULE The Tribunal

(Section 2 3 ~ )

Constitu- tion of Tribunal. Power cf one mem- ber to sit alone.

Tenure of office.

Acting appoint- ments.

Resigna- tions.

Revoca- t i m of appoint- ments. Filling of vacan- cie,.

Publica- tion of rnember- ship.

Rernunera- tion of members.

Voting.

I. The Trihunal shall, subject to paragraph 2, consist of three members appointed by the Minister.

2. For the hearing of any appeal under this Act the Tribunal may consist of one member sitting alone if the parties to the appeal agree.

3. The members of the Tribunal shall. subject to the provisions of fhis Schedule, hold office for such period not exceedlng two years as the Minister may determine and shall be eligible for reappointm2nt.

4. The Minister may appoint any person to act in the place of the chairman or any other member of the Tribunal in the case of the ab- sence or inability to act of the chairman or other member.

5 . (1) Any member of the Tribunal other than the chairman may at any time resign his office by instrument in writing addressed to thc Minister and transmitted through the chairman, and from the dat.: of the receipt by the Minister of such instrument that member shall cease to be a member of the Tribunal.

(2) The Chairman may at any time resign his office by instrument in writing addressed to the Minister and such resignation shall take effect as from the date of receipt by the Minister of that instrument.

6 . The Minister may at any time revoke the appointment of any member of the Tribunal if he thinks it expedient so to do.

7. If any vacancy occurs in the membership of the Tribunal such vacancy shall be filled by the appointment of another member.

8. The names of all members of the TribuI:.: as 5rst constituted and every change in the membership thereof shall be published in the Gazette.

9. There shall be paid to the chairman and other members of the Tribunal, in respect of each appeal, such remuneration, whether by way of honorarium, salary or fees, and such allowances as the Minister may determine.

10. Subject to paragraph 2, the decision of the Tribunal shall be by a majority of votes of the members, and in addition to an original vote, the chairman shall have a casting vote in any case in which the voting is equal.

[The inclusion Sf &is page is ailthorised by L.N. 87/1%bJ

TOURIST BOARD 25

11. Subject to the provisions of this Act, the Tribunal shall regulate Power to its own proceedings. regulate

p r o c e d - ings.

12. The office of chairman or member of the Tribunal shall not be Officeol a public offic: for the purposes of Chapter V of the Constitution of chaimnn Jamaica. or mcmSer

of Tribunal no! publ,c office.

[The inclusion of this page ir authorised by L.N. F7/1986]